Relevant bibliographies by topics / Construction contracts

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Construction contracts'

Author: Grafiati
Published: 4 June 2021
Last updated: 29 July 2024

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Journal articles on the topic "Construction contracts"

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Popovici, Angela, and Georgeta Melnic. "Legal and accounting aspects of construction contracts." Supremacy of Law, no. 2 (June 2023): 130–40. http://dx.doi.org/10.52388/2345-1971.2022.e2.12.

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This article examines the legal and accounting aspects specific to construction contracts based on the provisions of the legislation of the Republic of Moldova, which mainly refer to: the classification and composition of construction contracts, the object of the contracts, the value of the contract, and the method of settlements. The construction contract is drawn up on the basis of the Civil Code of the Republic of Moldova, the National Accounting Standard “Construction Contracts,” and the Regulation on the contracting of public investments. In order to solve the aforementioned issues and correctly implement national regulations related to construction contracts, it is recommended to: revise the composition of construction contracts based on the advantages and disadvantages of construction contracts according to their type; specify the object of the contracts; specify the method for determining the value of the contract, taking into account possible cases of contractual price modification; establish clauses in the contracts regarding the settlement organization for the construction and installation works performed, either after the completion of all the works specified in the contract or at the completion of certain construction elements and types of works; establish clauses in the contracts allowing for modification of the initial construction contracts.
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Sigalov, Katharina, Xuling Ye, Markus König, Philipp Hagedorn, Florian Blum, Benedikt Severin, Michael Hettmer, Philipp Hückinghaus, Jens Wölkerling, and Dominik Groß. "Automated Payment and Contract Management in the Construction Industry by Integrating Building Information Modeling and Blockchain-Based Smart Contracts." Applied Sciences 11, no. 16 (August 20, 2021): 7653. http://dx.doi.org/10.3390/app11167653.

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Construction projects usually involve signing various contracts with specific billing procedures. In practice, dealing with complex contract structures causes significant problems, especially with regard to timely payment and guaranteed cash flow. Furthermore, a lack of transparency leads to a loss of trust. As a result, late or non-payment is a common problem in the construction industry. This paper presents the concept of implementing smart contracts for automated, transparent, and traceable payment processing for construction projects. Automated billing is achieved by combining Building Information Modeling (BIM) approaches with blockchain-based smart contracts. Thereby, parts of traditional construction contracts are transferred to a smart contract. The smart contract is set up using digital BIM-based tender documents and contains all of the relevant data for financial transactions. Once the contracted construction work has been accepted by the client, payments can be made automatically via authorized financial institutions. This paper describes the framework, referred to as BIMcontracts, the container-based data exchange, and the digital contract management workflow. It discusses the industry-specific requirements for blockchain and data storage and explains which technical and software architectural decisions were made. A case study is used to demonstrate the current implementation of the concept.
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Kirsanov, A. N., and A. V. Korablin. "Lex Constructionis as a Regulator of an International Construction Contract in Russia." Journal of Law and Administration 18, no. 3 (October 18, 2022): 26–31. http://dx.doi.org/10.24833/2073-8420-2022-3-64-26-31.

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Introduction. The gaps in the international private legal regulation of legal relations arising from an international construction contract are filled by other sources of law, primarily Lex constructionis, which is a set of acts and documents developed by non-governmental organizations that do not have the force of law, but are actively used in business circulation.FIDIC contracts can be cited as standard contracts, which are a set of narrowly focused standard forms of contracts, each of which was developed for a specific situation and certain legal relations arising from an international construction contract.Despite the international and narrowly focused nature of the FIDIC agreements, their application is also possible in the national projects of Russia with some reservations.The purpose of this article is to analyze Lex constructionis on the example of standard FIDIC con- tracts and the possibility of using FIDIC contracts in national projects in Russia.Materials and methods. The implementation of the research tasks was achieved on the basis of the study of theoretical and practical experience in the application of standard FIDIC construction contracts. The methodological basis of the study was the following methods: generalization, analysis, synthesis, induction, deduction, comparative legal analysis. The results of the study. The following tasks are solved in the work: an analysis of standard contracts and Russian legislation is carried out, their contradictions are revealed.Discussion and conclusions. The use of FIDIC model contracts without their adaptation to Russian law is not possible due to the existence of contradictions between the provisions of FIDIC model contracts and the mandatory rules of Russian law, arising from different approaches to the regulation of a construction contract - FIDIC model contracts are based on the doctrine of common law, while Russian law belongs to the Romano-Germanic legal family.
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Tabatabai, Seyed Jafar. "The Nature, Terms and Legal Effects of Presale or Pre-Construction Contracts of Building (Apartment)." Journal of Politics and Law 10, no. 1 (December 29, 2016): 228. http://dx.doi.org/10.5539/jpl.v10n1p228.

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Modern living in present-day in the territory of contracts, as in many other fields, has led to numerous and complex phenomena. One of its manifestations is the construction (constructing) phenomenon and its pre-sale contracts. Sale of the building and apartment units before their construct is a common problem in today's society that it depends on pre-sales or pre-construction contracts. The long duration of construction projects and fluctuations in materials prices, especially considering the today’s economic situation is one of the important reason for the development of pre-sales contracts in Iran. This study has been carried as a descriptive analytical one to examine and identify the nature, conditions (terms) and legal effects of pre-sold or pre-construction contracts and among the results of this study are that; the presale contract of construction (building) despite the fact that sales did not exist at the time of conclusion of the contract, can be considered as the same sale. The producing of ordered goods is the responsibility of artificial maker (manufacturer) and the made should be determined and death and time to deliver the goods must be determined. The determination of price also as determination of made is very important and must be delivered to the makers according to contract.
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Deryugina, T. V. "ON THE DICHOTOMY OF THE CONSTRUCTION OF A MIXED CONTRACT." Вестник Пермского университета. Юридические науки, no. 3(61) (2023): 467–78. http://dx.doi.org/10.17072/1995-4190-2023-61-467-478.

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Introduction: the article deals with the problems of the legal nature of mixed contracts in comparison with the related constructions of non-defined (innominate), complicated, and complex contracts. The possibility of individual regulation excluding the effect of imperative prohibitions (subject to compliance with the principles of law) contradicts the essence of a mixed contract. Purpose: to formulate the features of the mixed contract that distinguish it from non-defined, complicated, and complex contracts. Methods: along with traditional theoretical and empirical methods, the author used the teleological approach, which makes it possible to consider the target orientation of a particular norm or contractual structure. Results: the study reveals contradictions in the legal regulation of mixed contracts; defines their constitutive features; determines the legal nature and legal regime; differentiates the mixed contract from the complicated contract, non-defined contract, and complex contract. Conclusions: the existing priority of individual regulation in the construction of the mixed contract is in logical contradiction with its features and with the prohibition against inclusion of elements of non-defined contracts in its content. It appears that this conflict can be overcome through establishing: a ban on changing the imperative norms that establish the rules of conduct in relation to defined contracts included in a mixed contract; a permission to exclude (not to change) the effect of imperative norms; a permission to use non-defined contracts in the construction of the mixed contract. A contract must be classified as mixed if there are two or more obligations included in it. Additional features are the object, the parties, and other characteristics that determine the contract type. The interest of the parties in a mixed contract should be focused on a single object. If there are different subjects focused on different objects, this is a complex agreement. If various elements of defined contracts are used in the construction, with the exception of the subject of the contract, the contract should be classified as complicated, not mixed. In a complicated contract, all additional (auxiliary) obligations ‘work’ to achieve the goal of the main one and are directly dependent on it. In a mixed contract, the structure is represented by two or more independent obligations that are equivalent. Complex contracts should be understood as such contracts that have a multiobject and multi-subject structure, whereas a mixed contract combines subjects and other contractual terms aimed at one object. In a complex contract, there should be no cross-regulation, each subject has its own object and is regulated by the rules that exist in the legislation for a certain type or kind of contract. This approach allows solving the problem of determining the priority of legal norms, which exists in the construction of the mixed contract.
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Cui, Bao Xia. "Discussion on Construction Contract Management." Applied Mechanics and Materials 238 (November 2012): 562–64. http://dx.doi.org/10.4028/www.scientific.net/amm.238.562.

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Construction contract is a code conduct for both the contractor and the outsourcer to abide in the Market Economy environment, as a result, the enforcement and improvement of contracts management becomes essential. By analyzing the issues laying in the construction contracts management and their causes, this paper puts several proposals for enhancing the construction contracts management.
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Bolhassan, Dewi Noorain, Chai Changsaar, Ali Raza Khoso, Loo Siawchuing, Jibril Adewale Bamgbade, and Wong Ngie Hing. "Towards Adoption of Smart Contract in Construction Industry in Malaysia." Pertanika Journal of Science and Technology 30, no. 1 (November 24, 2021): 141–60. http://dx.doi.org/10.47836/pjst.30.1.08.

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The revolution of Malaysian Construction 4.0 through emerging technologies has brought a paradigm shift that has digitalized the construction sector. There is a need to adopt a computerized protocol to assist in automating the performance of a contract to meet future digital challenges. Therefore, this paper aims to serve as a pioneer study to investigate the implementation of the Malaysian construction industry to adopt smart contracts. This study adopted a qualitative scientific methodology, whereby a systematic review was conducted to gather the benefits and challenges of implementing smart contracts in the construction industry. Further, interview sessions were arranged to collect data from the construction contract management experts. The research findings unveil that due to the self-executing attribute of smart contracts, the implementation of smart contracts could provide a better apportionment of risks in a contract. The study also finds that the challenges in implementing smart contracts are severe. For instance, the smart contract is irreversible and immutable and prone to human error. The study concludes that it is more suitable to apply and implement a smart contract to a short-term contract that is not subjected to variation. Furthermore, a smart contract can enhance the efficiency in managing the contracts, such as reducing time and managing the conflicts and disputes that arise during the contract duration. The developed implementation framework is significant for the construction personnel, especially those dealing with the contract administration. The implementation of smart contracts in construction could boost contract administration and management discipline via investment in this new technology.
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Bolifraud, S., J. C. Cryonnet, and J. Stal-Le Cardinal. "HOW A BETTER REPRESENTATION OF CONTRACTUAL RELATIONS CAN HELP TO DESIGN BETTER CONTRACTS." Proceedings of the Design Society: DESIGN Conference 1 (May 2020): 531–40. http://dx.doi.org/10.1017/dsd.2020.30.

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AbstractThis paper contributes to the reduction of conflicts arising along the construction process by improving contract management tools and contracts designing tools. We analyse the existing system of representation of relations between Owner and Contractor, the contract and the construction processes. We improve the actual representation of construction processes by creating a link with the contract. Our ambition is to create a representation that will allow organizations and project managers to represent the construction contracts and design better construction contracts.
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Chong, Heap Yih, Chai Chai Lim, and Rosli Mohamad Zin. "Construction Contract Clarity: Conceptual Process Flow Modeling." Applied Mechanics and Materials 145 (December 2011): 344–48. http://dx.doi.org/10.4028/www.scientific.net/amm.145.344.

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Construction contracts can be a complex subject if issues corresponding to their interpretation and administration are not handled properly. The need for clarity of construction contracts is eminent especially in the context of the construction industry. The paper holds that a better interpretation and understanding of construction contracts could offer a proactive approach to avoid the inevitability of conflicts occurring in a project. Therefore, the objective of this paper is to develop a conceptual process flow model on how to clarify contract provisions in a contract. It is a subsequent development from the survey and case study that carried out for Malaysian Public Works Department (PWD) -203A (Rev. 10/83) Contract Form. The model is based on the results on the survey and case study, but it designed to render a generic approach of clarifying process for other contracts. Data Flow Diagram (DFD) method was selected to illuminate the process flow as the method focuses on object perspective and appropriate for this development. Certain limitations and recommendations of the model were highlighted. Ultimately, the model renders a useful guideline for future contract drafting and an important insight on clarity approach in contract administration for dispute avoidance.
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Yasir Tagelsir Mohamed Osman, Yasir Tagelsir Mohamed Osman. "Mechanisms for resolving international contracts for building and construction disputes: آليات حسم منازعات العقود الدولية للبناء والتشييد." مجلة العلوم الإقتصادية و الإدارية و القانونية 5, no. 23 (December 27, 2021): 162–45. http://dx.doi.org/10.26389/ajsrp.r110221.

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Consider of resolving international contracts for building and construction is extremely important for architects and building construction implementers, as international building and construction contracts are complex contracts and countless international parties participate in their implementation. The aim of this research is to show the legal implications of implementing dispute resolution mechanisms, international contracts in construction and construction. The International Building and Construction Contract does not deviate from being a complex, international commercial contract, from private law contracts, even with the presence of the state or a legal person as a party to the contracts, this does not change their legal nature as contracts of law. The private where the results of the following research study showed: 1- The failure of national legislation to address many of the problems arising from international contracts for building and construction, which are of a technical nature due to their rapid development that are unable to keep pace with those national legislations, thus enhancing the role of rapidly developing and modifying model contracts to ensure simulation of the practical reality of these new technical problems and to provide the best means. To solve it, we extracted from the research the following results. 2- Model contracts are not considered contracts in the strict legal sense as they do not include consent between two parties, but rather they are a pre- prepared contract formulation in printed form, so that it is ready for use by the parties to the contract, and it is not evidence except for the persons who agreed to the agreement to refer to it where the search was used The inductive approach to measuring and understanding its archeology, as it relied on reviewing previous literature and studies in explaining the legal implications, and the research recommendations came as follows: 1- Attaching special importance to drafting international contracts for building and construction, and entrusting this task to a team of legal, technical and economic experts who have the scientific and practical qualities that qualify them to do this task in the best way, so that the parties to these contracts can avoid or at least reduce the disputes arising from these contracts. 2- Preparation and drafting of a unified Arab contract as a model for concluding international contracts for building and construction, which is evident in the customs and habits of this industry derived from our contemporary reality and in line with the legal concepts prevailing in our Arab countries, so that they act as the actual guarantee on which every contractor from our Arab society depends.
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Dissertations / Theses on the topic "Construction contracts"

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Seibert, Guilherme. "Os contratos de EPC : entre tipicidade e atipicidade." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2017. http://hdl.handle.net/10183/170681.

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O presente trabalho analisa a qualificação do tipo social do contrato de EPC (Engineering, Procurement and Construction) na ordem jurídica brasileira em face do tipo legal do contrato de empreitada. Investiga-se, portanto, a existência de identidade ou diferença entre ambos os tipos a fim de que se possa dar ao EPC a devida qualificação jurídica. Para isso, no Capítulo I, são apresentados os caracteres gerais dos contratos de construção, com foco na delimitação do espaço normativo específico ocupado pelo contrato de empreitada. No Capítulo II, apresenta-se o Contrato de EPC. São delineadas suas principais características gerais para que, em um segundo momento, possa-se aprofundar a análise a partir do emprego do método tipológico. Por fim, no Capítulo III, demonstra-se a forma como o regulamento dos contratos atípicos mistos em geral é construído para, posteriormente, analisar-se a formação do regulamento do EPC em seus principais pontos.
The present work analyzes the qualification of the social type of the EPC Contract (Engineering, Procurement and Construction) in the Brazilian legal order in consideration with the legal type of the works and supply contract. It is therefore investigated the existence of an identity or difference between the two contractual types in order to give the EPC the appropriate legal status. For this purpose, in Chapter I the general characteristics of construction contracts are presented, focusing on the delimitation of the specific normative space occupied by the works and supply contract. In Chapter II, the EPC Contract is presented. Its main general characteristics are presented so that, in a second moment, one can deepen the analysis using the typological method. Finally, Chapter III demonstrates the way in which the regulation of mixed atypical contracts in general is constructed, so that it can be analyzed the formation of the EPC regulation in its main points.
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Sancho, Calderón Diego. "Selection of contract type in construction contracts: Lump-Sum, Target-cost and Cost-plus contracts." Thesis, Blekinge Tekniska Högskola, Institutionen för industriell ekonomi, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:bth-14823.

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The construction contract is a document which governs the business relationship of Contractor and Employer for the duration of a construction project. However, the selection of the contract type for the project tends to be performed too shallowly. The present thesis aims to analyse how the contract type is chosen among the three paradigmatic contracts considered here: lump-sum contracts, target-cost contracts and cost-plus contracts. The basis of the study is a case study performed on Project X, a large mine construction project in Western Europe. The relevant literature to the subject was reviewed, mainly the principal-agent theory, literature on risk allocation and on contract selection. After identifying several factors which may influence the contract selection in the literature and in a preliminary interview, a survey was conducted to assess their relative influence in general and in particular for the Project X. The survey was responded by a small sample of highly qualified and experienced managers. and was complemented with in-depth interviews with the majority of them. Some research on the project and on contract documents of the NEC standard contract was also performed in order to provide a context of the characteristics of Project X. The findings of the three sources made it possible to confirm the influence on the selection of the contract type of many of the factors proposed. It was possible to shortlist a small number of factors which influenced the most the selection of the contract type for Project X. These were the preferred risk allocation by the parties, the ability to adapt the contract to scope changes, the knowledge of each contract type by the contracting parties, the improvement of the project delivery by the contract type and the aim to enhance cooperation between the parties. Factors not present in previous research were also discovered, such as the different financial costs of the contract types and the requirement of financial information by the funders of the parties. The very different opinions of the respondents to the survey and interviews regarding the selection of the contract type confirm that the parties should consider in more detail that complex process, because by now the parties are not really sure why they are choosing a certain contract type. Further research should be performed in the future to analyse the factors which influenced the contract type selection in other projects. The projects could also be analysed during their whole duration. Other contract types or variants of the three contract types studied in this thesis could also be added to the analysis.
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Yigit, Muhammet Alper. "Contract Management Behavior Of Turkish Construction Companies In International Contracts." Master's thesis, METU, 2009. http://etd.lib.metu.edu.tr/upload/12610374/index.pdf.

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Contract management starts with the contract negotiations and lasts until the end of the contract, and is the process that covers three fundamental functions required to compensate the goals of the project
Relationship Management, Project Delivery, and Administration of the contract. This thesis focused on investigating contract management behavior of Turkish construction companies in international projects. A survey was composed and interviewed with professionals for investigating the contract management behavior of contractors. The survey aimed to investigate
factors influencing contractors&rsquo
behaviors, key success factors for contract management, company contract management organizations, claim issues, and conflict and dispute resolution behavior of firms. 51 companies participated to the survey. The survey results revealed that Turkish contractors consider contract management to be significant for success at international markets. Contractors are aware of the need for a continuous contract management application although this rate cannot be achieved in practice. Considering awareness as a driving factor for improvement it can be estimated that in future Turkish contractors will be managing their contracts in more efficient, organized and systematic ways than today. Results revealed that
contract management behaviors are mostly affected by the risk and complexity of the project, regular contract process is the most impactful process on the success, and change order requests of the owners are the most frequent reasons of claims. According to respondents contract management can reduce number of conflicts and disputes.
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Williams, Peter J. "Project management and construction contracts." Thesis, Queensland University of Technology, 1990. https://eprints.qut.edu.au/36460/1/36460_Williams_1990.pdf.

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The concept of the Professional Construction Engineer has emerged and developed over the past decade in response to pressures for construction capacity within the Australian Industry. Prior to that time, few contractors employed professional Engineers. The profession has evolved in response to the need for staff competent to handle compressed contract periods and technically difficult administration procedures. Contractors today enter into contracts requiring faster, more economical project completions. Indeed, to remain competitive, contractors and clients are continually developing contract conditions of greater complexity. All require a greater degree of responsibility by the parties to the contract aiming to ensure that practical efficiency is not lost to legal complexity. This is not to say that matters of dispute do not arise between contracting parties. Indeed, contractual claims and disputes have now become an endemic part of the construction industry. Over the last decade the legal profession now has developed a defined area of practice known as "construction law". The industry is constantly reviewing publications and attending law conferences, all supporting a thriving disputes industry. In addition to the changing construction environment and changed contract conditions various construction management techniques and methods have evolved over recent years. Construction management, project management, guaranteed maximum price and combinations of contract forms have evolved. All use very sophisticated techniques such as network based scheduling, cost engineering, project control groups and documentation procedures. All have been extensively utilised to pursue or deny construction claims within our legal system. The following chapters seek to examine the modern contract documents and conditions, their effects on the law and vice versa, administration of the contract, arbitration, the modern alternative forms of contract and the need for such flexibility. The chapters are written to relate directly to the Australian Construction Industry to provide a worthwhile review of the Australian situation which in the past has been reliant on similar reference and advice from Britain and America. The thesis seeks to answer the questions: (a) What are the best methods or forms of contract for contracting parties to adopt? (b) Is there any need for changes to attitudes, forms of contract, methods of contracting? (c) Who will benefit from the changes and how?
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Poon, Kan-young, and 潘根濃. "The bidding behavior of contractors in private and public sector construction projects." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2011. http://hdl.handle.net/10722/193476.

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This study investigates the behavior of contractors when submitting bids under different institutional arrangements. Construction projects under the private and public sectors in Hong Kong operate under two distinct contractual and bidding arrangements giving different degrees of risk and uncertainty to the contractors. First, private sector projects in Hong Kong invariably adopt conditions of contracts that shift more risk to the contractor. A typical example is private sector projects do not normally allow fluctuation adjustments, thereby shifting the risks of future increase in prices of construction resources to the contractor. Public sector construction projects include fluctuation clauses for projects of duration over 21 months (Later extended to all contracts via Circular DEVB(PS)107/3 dated 18 July 2008). Second, it is common practice for private sector clients to negotiate with the contractors after they have submitted their bids. Although in some cases, private sector clients may also simply accept the lowest tender, bidders would normally anticipate that they are likely to negotiate with them after the bids are opened. This practice, however, is not allowed in public sector projects. For reasons of public accountability, Government tendering procedures do not allow changes to the bid price after the tenders have been submitted and the time for return lapsed (except for specifically approved cases). This requirement basically bars any price negotiation as in the case of private projects. We conjecture that these two differences in institutional arrangements have significant impact on bidders’ behavior, which would be characterized by the distribution and pattern of the submitted bid prices. Based on records of bid prices for 105 contracts tendered during the period 1997 and 2007, we found that public sector bids are more skewed to the left (or have a longer tail towards the left) than private sector bids, ceteris paribus. This means that low bids for public sector projects are more scattered than those of private sector projects. This result is consistent with the hypothesis that bidders attempt to hide their true bid prices by submitting higher bids when the client is not bound to accept the lowest tender. The empirical results also suggest that the bid-spread, as defined by the percentage difference between the lowest and second lowest bid, is higher when post tender negotiation is prohibited. Bidders would tend to submit more aggressive bids for public sector projects, knowing that they would not have a second chance to adjust their bid prices at a later stage. This suggests a higher probability of winner’s curse for public sector projects. For private sector projects that do not include fluctuation clauses, the bid-spread is also affected by the expected risk of future increase in the prices of construction resources. When such risk is high, bidders will become more cautious when submitting their bids and thus resulting in a lower bid-spread. The bid distributions for public sector project have thicker tails on both ends compared to those of private sector projects due to its prequalification system and the practice of acceptance of the lowest bid. The empirical evidence in this study confirms this. In addition, market conditions, number of bidders, contract size and the proportion of prime cost and provisional sum as a percentage of the contract sum are also important determining factors of biding behavior. The results of this study show that institutional arrangements matters in determining bidding behavior. Previous studies that attempt to estimate the distribution of bid prices for construction projects have largely ignored the importance of institutional arrangements, which may therefore lead to biased results. The results of this study contribute to our understanding of bidder’s behavior when bidding for construction projects under different institutional arrangements. The understanding will be useful in handling bidding exercises for new construction projects and the advancement of studies on bidding strategy models.
published_or_final_version
Real Estate and Construction
Master
Master of Philosophy
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Williams, Gail Antoinette. "Contract as organisation : an economic analysis of the joint contracts tribunal's standard form of building contract 1980." Thesis, University of Newcastle Upon Tyne, 1992. http://hdl.handle.net/10443/624.

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The objective of this thesis is to consider whether the institutionalist hypothesis that the choice of organisational form functions to limit the transaction costs of organising productive activities explains a major standard-form contract which is used in building production. I approach this task by demarcating three models of contract which represent different points along a "contracting continuum". Each of the three governance structures - classical contract, relational contracting and the firm - represents a distinct patterning of resource co-ordination and each generates its own configuration of transaction costs. Thus the contracting continuum provides a basis for comparing the cost-reducing strengths and weaknesses of governance structures that vary with respect to their characterisation of relations between economic actors, and of the form and substance of both planning and implementation of decisions. The second part of the thesis focuses on the standardform building contract and its location along the contracting continuum. This part of the thesis addresses the question of "transactional fit" between the building contract and the activity which it purports to regulate. The analysis proceeds by identifying sources of transaction costs in the context and in the practices of building production and examining the governance implications of the contractual responses to such costs. 11 In its conclusions the thesis attempts to evaluate the contribution of institutional analysis our understanding of legal conceptions of contract. By using an industry-wide standard-form contract as a focus, I hope to illustrate some of the strengths and also the limitations of this approach. Building contracts have received little academic attention in the UK., and transaction cost analysis of governance structures is a young science which has been pursued with more enthusiasm by economists than by lawyers. As yet there has been little attempt to relate substantive aspects of the lawyer's understanding of contract to the "new institutional economics". It is hoped that this thesis will make a contribution to that exercise.
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Champion, Ronan. "Acceleration in construction and engineering contracts." Thesis, King's College London (University of London), 2005. https://kclpure.kcl.ac.uk/portal/en/theses/acceleration-in-construction-and-engineering-contracts(caf6065f-f99b-40b6-aa76-73dada69ad47).html.

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Palaneeswaran, Ekambaram. "Contractor selection systems for design-build projects." Thesis, Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22582150.

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Le, Roux Felix. "The recognition of costs in different phases of completion of a construction contract." Pretoria :[s.n.], 2006. http://upetd.up.ac.za/thesis/available/etd-04212008-154221.

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Mallmann, Frederico Baptista. "Parâmetros para a interpretação do contrato de shopping center no direito brasileiro : atipicidade e coligação contratual." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2018. http://hdl.handle.net/10183/185048.

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Esta dissertação apresenta um estudo a respeito da interpretação do contrato de cessão remunerada de espaço para instalação de loja em shopping center, denominado como “contrato de shopping center”, visando à estipulação de parâmetros hermenêuticos que auxiliem na busca do seu conteúdo. Para isso, procede-se, em primeiro lugar, à devida caracterização deste contrato, em seus aspectos econômico-negociais e jurídicos, que são decisivos para o desenvolvimento do estudo quanto à sua interpretação. Em especial, manifesta relevância o estudo da sua qualificação jurídica, que parte das duas principais discussões percebidas na doutrina e na jurisprudência nesse tocante, a respeito da tipicidade ou atipicidade do contrato e da presença de coligação contratual nesta relação negocial. Expostas as características de cada categoria, compreende-se que o contrato de shopping center é um contrato atípico misto, que apresenta coligação com outros, para a consecução da finalidade socioeconômica do empreendimento. Tal qualificação tem repercussões na interpretação deste contrato, uma vez que atrai a consideração de fatores específicos no processo hermenêutico, em conjunto com a aplicação das normas legais sobre a interpretação dos contratos (arts. 112, 113 e 423 do Código Civil). Assim sendo, com base na doutrina e na análise de precedentes jurisprudenciais, especialmente sobre o contrato de shopping center, estabelece-se que o intérprete desse contrato deve observar a incidência das referidas normas legais sob a perspectiva de tal qualificação contratual, que atrai os seguintes parâmetros interpretativos: pela sua atipicidade mista, a preeminência das disposições contratuais estipuladas pelas partes em face dos modelos legais típicos, considerando a relevância dos usos e costumes na definição desse sentido, mediante o tipo socialmente formado, e a possibilidade de aplicação de tais modelos legais típicos, se não contrariar o significado próprio do contrato; pela presença de coligação contratual, a “ampliação” do material interpretativo, impondo a consideração dos demais contratos vinculados na interpretação do contrato coligado, e a maior relevância da função socioeconômica supracontratual exercida pelos contratos em conjunto para a definição do conteúdo do contrato na coligação.
This dissertation presents a study on the construction of the contract for the lease of premises for retail stores in shopping centers - named “shopping center contract” - in order to establish hermeneutic parameters that assist in the definition of its content. For that we will first characterize such contract according to its economic, trading and legal aspects, which are decisive for the development of the study concerning its construction. In special, the study of its legal qualification reveals importance in that matter: this qualification is grounded on two major debates perceived in the jurisprudence and in the case law in this subject - the characterization of the contract as “typical” or “atypical” and the presence of linked contracts in this business relationship. Once the features of each of these categories are exposed, we can understand the “shopping center contract” as a “mixed atypical contract”, which is linked to other contracts for the achievement of the socioeconomic purposes of the enterprise. Such legal qualification has bearing in the construction of the shopping center contract, as it draws the consideration of specific elements in the hermeneutical process, along with the application of statutory rules for the construction of contracts (articles 112, 113 and 423 of the Brazilian Civil Code). Therefore, based on the jurisprudence and on the analysis of case law, specially surrounding the “shopping center contract” in Brazil, we can establish that the legal interpreter of this contract must abide by the application of the aforementioned statutory rules under the perspective of such legal qualification, which by its turn casts construction parameters into consideration. These are: due to its nature as a mixed atypical contract, the preeminence of the contractual terms agreed upon by the parties vis-à-vis the typical statutory legal standards, considering also the importance of the customary practices in the definition of its content, through the socially formed contractual type, in addition to the possibility of the application of such typical statutory legal standards when they are not conflicting with the contract’s own meaning; and, due to the presence of linked contracts, the “enlargement” of the subject matter to be construed, which imposes the consideration of the remaining linked contracts in the interpretation of the contract at hand, and the superior relevance of the socioeconomic function of the union of all linked contracts for the definition of a contract’s content within its group.
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Books on the topic "Construction contracts"

1

Lizza, Robert V. Construction contracts/architect contracts. Boston, MA: MCLE, 1993.

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Chappell, David. Construction Contracts. Edited by David Chappell. Fourth edition. | Abingdon, Oxon; New York: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.1201/9781003080930.

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Chappell, David. Construction Contracts. Edited by David Chappell. Fourth edition. | Abingdon, Oxon; New York: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9781003080930.

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Hinze, Jimmie. Construction contracts. 2nd ed. Boston: McGraw-Hill, 2001.

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Murdoch, John. Construction Contracts. London: Taylor & Francis Inc, 2004.

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Murdoch, John. Construction Contracts. London: Taylor & Francis Group Plc, 2004.

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Collier, Keith. Construction contracts. 2nd ed. Englewood Cliffs, NJ: Prentice-Hall, 1987.

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Godwin, William. International Construction Contracts. Oxford: John Wiley & Sons, Ltd, 2013. http://dx.doi.org/10.1002/9781118498590.

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Surahyo, Akhtar. Understanding Construction Contracts. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-66685-3.

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Savage, Craig. Construction forms & contracts. Carlsbad, CA: Craftsman Book Co., 1994.

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Book chapters on the topic "Construction contracts"

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Cicchella, Denise. "Contracts." In Construction Audit, 99–113. Boca Raton: CRC Press, 2024. http://dx.doi.org/10.1201/9781003461487-17.

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Edison, J. C. "Contracts and contract management." In Infrastructure Development and Construction Management, 130–58. Abingdon, Oxon; New York, NY: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.1201/9781003055624-6.

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Goldbloom, Joseph. "Construction Contracts." In Engineering Construction Specifications, 3–8. Boston, MA: Springer US, 1989. http://dx.doi.org/10.1007/978-1-4684-1452-3_1.

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Beadnall, Stuart. "Construction contracts." In Offshore Floating Production, 46–53. London: Informa Law from Routledge, 2022. http://dx.doi.org/10.4324/9781003243861-3.

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Holm, Len. "Construction contracts." In 101 Case Studies in Construction Management, 30–48. Abingdon, Oxon : Routledge, 2019.: Routledge, 2018. http://dx.doi.org/10.1201/9781351113632-3.

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Schaufelberger, John E., and Len Holm. "Construction contracts." In Management of Construction Projects, 19–38. 3rd ed. New York: Routledge, 2024. http://dx.doi.org/10.1201/9781003394570-2.

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Powell, Geoff. "Construction contracts." In Construction Contracts Preparation and Management, 295–306. London: Macmillan Education UK, 2016. http://dx.doi.org/10.1057/978-1-137-51116-4_18.

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Charlson, Jennifer. "Construction contracts." In Galbraith’s Construction and Land Management Law for Students, 140–45. Seventh edition. | Abingdon, Oxon; New York: Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.1201/9781003029250-8.

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Voelker, Robert H. "Construction Contracts." In Managing the Complexities of Real Estate Development, 73–77. New York: Routledge, 2022. http://dx.doi.org/10.1201/9781003264514-15.

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Loots, Philip, and Donald Charrett. "Construction contracts." In Contracts for Infrastructure Projects, 53–93. London: Informa Law from Routledge, 2022. http://dx.doi.org/10.4324/9781003206873-3.

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Conference papers on the topic "Construction contracts"

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Harper, Christofer M., and Keith R. Molenaar. "Association between Construction Contracts and Relational Contract Theory." In Construction Research Congress 2014. Reston, VA: American Society of Civil Engineers, 2014. http://dx.doi.org/10.1061/9780784413517.136.

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Laxsana, S., S. Abiramy, and A. F. Fayasa. "Measures to mitigate termination of construction contracts in Sri Lanka." In World Construction Symposium - 2023. Ceylon Institute of Builders - Sri Lanka, 2023. http://dx.doi.org/10.31705/wcs.2023.62.

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Termination of construction contracts has significant impact on the construction industry. But none of the past literature has addressed on how termination can be managed effectively specific to Sri Lankan context given the unique cultural, economic, and legal contexts of Sri Lanka. Therefore, this research aims to investigate and provide practical strategies for managing the termination of construction contracts. Initially, the literature review provided an understanding of contract termination. Subsequently, this study used qualitative approach involving case study and expert opinion. Under the case study, the documentary review was conducted that focus on fifteen terminated building projects in Sri Lanka over the past five years to understand the termination phenomenon in Sri Lankan context. Finally, an expert opinion was obtained to gain deeper understanding of the findings. The collected data was structured through manual content analysis and descriptive analysis. The study found that Western and Northern provinces of Sri Lanka have higher termination rates due to urbanisation, and economic development. Complex approval processes, and bureaucratic inefficiencies are the common reasons for contract termination in commercial and residential building projects. Public projects are more vulnerable to termination due to political considerations. Employers are more likely to terminate contracts than contractors, possibly due to financial instability and higher quality expectations. Finally, combination of mitigation strategies should be customised to minimise the risk of termination. These strategies can be implemented with modifications to fit the local context, but challenges such as lack of awareness, bureaucracy, and resistance to change may arise.
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Puddicombe, Michael S. "Contracts: A Holistic Perspective." In Construction Research Congress 2005. Reston, VA: American Society of Civil Engineers, 2005. http://dx.doi.org/10.1061/40754(183)86.

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Palihakkara, A. D., and B. A. K. S. Perera. "IDENTIFICATION OF SIGNIFICANT RISK FACTORS OF GUARANTEED MAXIMUM PRICE (GMP) CONTRACTS." In The 9th World Construction Symposium 2021. The Ceylon Institute of Builders - Sri Lanka, 2021. http://dx.doi.org/10.31705/wcs.2021.30.

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The construction industry is a risk-prone industry where projects are implemented in a dynamic environment with frequent exposure to various uncertainties. A construction contract is a document that allocates the risks associated with a construction project among the project stakeholders. Guaranteed Maximum Price (GMP) contracts have become popular as a project delivery method because they provide the client with a high degree of cost certainty through a fixed price cap that the contractor cannot exceed. However, most of the GMP projects are risky. Thus, the significant risk factors of GMP projects have to be identified to ensure their successful completion. This study, therefore, aimed to identify and rank the most significant risk factors present in GMP contracts. The study adopted a quantitative approach, which included a Delphi survey conducted in two rounds and a statistical analysis of the survey data. The most significant risk factors associated with GMP contracts were ranked according to their impact on the projects and their probability of occurrence (severity). Poorly defined scope of work and design changes were found to be the most significant risk factors associated with GMP contracts. The other significant risk factors of the projects are related to the scope of work, design, documentation, unfamiliarity with the GMP concept, agreed GMP value, and financial failures of the client and contractor.
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Dwivedi, Vimal. "Case Studies of Contractual (Legal) Automation Using Smart Contracts." In Construction Blockchain Conference 2021. Design Computation, 2021. http://dx.doi.org/10.47330/cbc.2021.eocj4680.

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Smart contracts are a key component of today’s blockchains. They are critical in controlling decentralized autonomous organizations (DAO). However, smart contracts are not yet legally binding nor enforceable; this makes it difficult for businesses to adopt the DAO paradigm. Therefore, this study reviews existing Smart Contract Languages (SCL) and identifies properties that are critical to any future SCL for drafting legally binding contracts. This is achieved by conducting a Systematic Literature Review (SLR) of white- and grey literature published between 2015 and 2019. Using the SLR methodology, 45 Selected and 28 Supporting Studies detailing 45 state-of-the-art SCLs are selected. Finally, 10 SCL properties that enable legally compliant DAOs are discovered, and specifications for developing SCLs are explored.
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Johnson, Gavin. "Exam Question: Smart 'Legal' Contracts, discuss." In Construction Blockchain Conference 2022. Design Computation, 2022. http://dx.doi.org/10.47330/cbc.2022.ntas4551.

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"Index Construction for Derivative Contracts." In 5th European Real Estate Society Conference: ERES Conference 1998. ERES, 1998. http://dx.doi.org/10.15396/eres1998_144.

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Konig, Markus. "Contract Management in the Construction Industry by Integrating Building Information Modelling and Blockchain-Based Smart Contracts." In Construction Blockchain Conference 2023. Design Computation, 2023. http://dx.doi.org/10.47330/cbc.2023.kajc9931.

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Au, Maria C. Y., and Edwin H. W. Chan. "Attitudes of Contractors and Employers Towards Transfer of a Time-Related Risk in Construction Contracts." In Construction Research Congress 2005. Reston, VA: American Society of Civil Engineers, 2005. http://dx.doi.org/10.1061/40754(183)68.

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Alves, Thais da C. L., and Nargis Shah. "Analysis of Construction Contracts: Searching for Collaboration." In Construction Research Congress 2018. Reston, VA: American Society of Civil Engineers, 2018. http://dx.doi.org/10.1061/9780784481271.015.

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Reports on the topic "Construction contracts"

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CORPS OF ENGINEERS WASHINGTON DC. Contracts: Construction Quality Management. Fort Belvoir, VA: Defense Technical Information Center, September 1995. http://dx.doi.org/10.21236/ada404078.

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Prout, William J. Analysis of Modification Types in Navy Construction Contracts. Fort Belvoir, VA: Defense Technical Information Center, January 1998. http://dx.doi.org/10.21236/ada350971.

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Kim, Hyeyoung, Jihyun Lee, and Gerardo Reyes-Tagle. Standardized PPP Contract in Korea and its Implications for Latin America and the Caribbean. Inter-American Development Bank, November 2021. http://dx.doi.org/10.18235/0003708.

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The standardization of PPP contracts in Korea has played a key role in establishing PPP institutional frameworks in the civil law system in which there must be legal and institutional safeguards for the long-term PPP contracts. The reliability of standardized contracts is secured due to the fact that the standardized PPP contract has been prepared by the statutory PPP agency under the approval of the Ministry of Economy and Finance, an influential ministry within the government. The standardization of PPP contracts has been of great utility for both the competent authorities and private partners. The standardized contract has streamlined negotiations. The private partner was able to trust in the major risk allocation declared through the standardized contract in handling land acquisition, construction completion, operation and demand, and termination. We found out through our survey that there are similarities between Korea and LAC countries in that most LAC countries have adopted the civil law system and the countries have developed similar payment types for PPP and risk allocation principles. The experience and lessons on standardized PPP contract in Korea can be of great utility to LAC countries.
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Hair, John. PR-277-144507-Z01 Installation of Pipelines by Horizontal Directional Drilling. Chantilly, Virginia: Pipeline Research Council International, Inc. (PRCI), September 2015. http://dx.doi.org/10.55274/r0010542.

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This report is an updated version of the original engineering design guide published in 1995 by the Pipeline Research Committee (PRC) of the American Gas Association. As with the original document, it is intended to serve as a step by step guide for engineers engaged in the evaluation, design, and management of natural gas pipeline construction by horizontal directional drilling (HDD). Topics covered include a description of the HDD process, technical feasibility and cost considerations, surface and subsurface site investigations, drilled path design, steel pipe installation and operating stress analysis, environmental impact, construction contracts, and construction monitoring. The design guide includes two Microsoft Excel workbooks for use in analyzing HDD installation loads and stresses on steel pipe.
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Thornton, Michael D. Construction Contract Durations. Fort Belvoir, VA: Defense Technical Information Center, January 1988. http://dx.doi.org/10.21236/ada196586.

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Ashenfelter, Orley, David Ashmore, and Randall Filer. Contract Form and Procurement Costs: The Impact of Compulsory Multiple Contractor Laws in Construction. Cambridge, MA: National Bureau of Economic Research, February 1997. http://dx.doi.org/10.3386/w5916.

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CORPS OF ENGINEERS WASHINGTON DC. Construction: Contractor Performance Evaluations. Fort Belvoir, VA: Defense Technical Information Center, March 1993. http://dx.doi.org/10.21236/ada404148.

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Author, Unknown. L52287 Pre-Construction Drillability Assessment for Horizontal Directional Drilling in Rock. Chantilly, Virginia: Pipeline Research Council International, Inc. (PRCI), August 2008. http://dx.doi.org/10.55274/r0011760.

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Construction contractors often claim extra compensation associated with horizontally directionally drilled (HDD) pipeline installations is needed when drilling in rock. These claims result from HDD contractors' allegations that rock properties experienced during construction are significantly different from the properties on which the contractors' bids were based. This report provides information and recommendations that improve exploration and testing methods for assessing the drillability of rock to be encountered on HDD pipeline installations. These improvements will lead to a better understanding of rock drillability which will in turn lead to more accurate bid prices and more effective drilling plans. Pipeline installation costs will be reduced by reducing claims for extra work, improving contractor efficiency, and decreasing risk associated with HDD installations in rock. This report also addresses contractual considerations and alternate dispute resolution.
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Shah, Ayesha, Jan Olek, and Rebecca S. McDaniel. Real Life Experience with Major Pavement Types. Purdue University, 2022. http://dx.doi.org/10.5703/1288284317371.

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Pavement performance is a complex issue which depends on many contributing factors. Examining the performance of real-life pavements across the state determines what the actual service lives are for the pavements. For the purposes of this study, only selected LTPP projects were examined, along with a database containing all the historic repair projects completed in Indiana. Pertinent information present in the Indiana Historic Contracts Database was extracted concerning the types of pavement repair and treatments options commonly employed within the state, the time between repairs, etc. These data were used to determine descriptive statistical parameters and was summarized in graph form. Similarly, data about selected LTPP GPS and SPS sites were downloaded from the online website, LTPP InfoPave and a comparative study between companion sites was performed. These data included study site and pavement-related information, such as construction dates, pavement structure details, maintenance and repair history, and pavement distress surveys. These data were used to draw conclusions about the impact of treatment applications, climatic and geologic factors, traffic volume, and pavement structures on pavement performance. Gaps in knowledge about pavement failure modes, distress data, and effectiveness of treatment applications mentioned in the contracts database file hampered efforts to form a complete picture of the effectiveness of treatment options and their timely (or untimely) application. Similarly, details about pavement mixture design and differentiating factors between companion sites prevented researchers from narrowing down the causes leading to the observed pavement distress.
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Taylor, George Edwyn, and II. Federal Construction Contract Award By Mean Bid. Fort Belvoir, VA: Defense Technical Information Center, August 1992. http://dx.doi.org/10.21236/ada255637.

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